• Title/Summary/Keyword: state space

Search Result 3,320, Processing Time 0.038 seconds

Study of Philosophical Background of '虛' Described in "Huang Di Nei Jing" ("황제내경(黃帝內經)"의 '허(虛)'와 그 철학적 배경에 대한 연구)

  • Lee, Jin-Woo;Hong, Moo-Chang;Bae, Hyun-Su;Shin, Min-Kyu
    • Journal of Physiology & Pathology in Korean Medicine
    • /
    • v.20 no.4
    • /
    • pp.766-783
    • /
    • 2006
  • This study describes philosophical background regarding '虛' in oriental medicine in an effort to understand the relationships among some of the Eastern philosophy in accordance with differentiated meanings in several resources by analyzing examples of '虛' in Huang Di Nei Jing. The various usages of '虛' used in Huang Di Nei Jing are as follows: naming; condition of pulse; emptiness; '太虛' which was referred universal space by Chinese ; insufficiency, lack or scarcity, deficiency ; and the description of vitality, mental faculties. 外丹修煉(training by external substances) had the attitude do that withdraw the death by taking external materials. The meaning of '虛'in 外丹修煉 is similar to that in oriental medicine in terms of deficiency. That is, both 外丹修煉 and the oriental medicine consider that the death and disease are caused by the deficiency of something. However, there also exists difference between 外丹修煉 and the oriental medicine. 外丹修煉 supplements through withdrawal prohibition due to the characteristic of unchangeability and stern or immortal while oriental medicine provides concrete object of deficiency. 精(essence of life), 氣(ki, functional activity), and fe(vitality) not only have been considered as basic component of human body, but they also have been an important subject of health preservation for longevity with health in Taoism and oriental medicine. In oriental medicine, 精 and 氣 have been perceived as physical basis of human body and 神 as controller. 內丹修煉(Training of internal active substances) 掠nds to return to '虛', the early state of life through individual training, and attempts to withdraw death through continuous recurrence. The oriental medicine and 內丹修煉 held great value of 神 among health preservation of 精, 氣, and 神. They seek theoretical basis from philosophical Taoism. However, '虛' in Taoism is different from that in training by internal substances and oriental medicine: '虛' in philosophical Taoism has metaphysical concept which refers overcome of life and death, but '虛' in 內丹修煉 and oriental medicine have empirical concept. '太虛' is considered as formless space where it is emp Dut filled with 氣. It is conceptualized with the premise of the relevant adaptation of human body to natural environment theory referring that the interaction between the heaven and the earth makes changes; all creation is originated , and human is affected by the interaction of the heaven and the earth. Furthermore, in $\ulcorner$運氣七篇$\lrcorner$ (Seven chapters described about the five circuit phases and the six atmospheric influences), the expression that the earth is in the center of '太虛' and huge amount of 氣 supports it proves that $\ulcorner$運氣七篇$\lrcorner$ adapts '渾天設'(Chaotic universe thee). In Taoism, '虛' is the grounds where all creation is generated in the optimal condition of Tao. As regards the aspect of mentality, it is the condition in which one can free from the dualistic concepts such as right and wrong, beauty and ugliness, life and death, and so on. Although the ultimate goal of oriental medicine, the achievement of longevity without sickness, might contrast with the Taoist belief that perceives life and death as the natural phenomena or the flowing of the 氣, and eliminates all international, the idea of Taoism that one should live substantial life with naivety, and make Harmony with the nature might be influential to the oriental medicine.

Can We Hear the Shape of a Noise Source\ulcorner (소음원의 모양을 들어서 상상할 수 있을까\ulcorner)

  • Kim, Yang-Hann
    • Transactions of the Korean Society for Noise and Vibration Engineering
    • /
    • v.14 no.7
    • /
    • pp.586-603
    • /
    • 2004
  • One of the subtle problems that make noise control difficult for engineers is “the invisibility of noise or sound.” The visual image of noise often helps to determine an appropriate means for noise control. There have been many attempts to fulfill this rather challenging objective. Theoretical or numerical means to visualize the sound field have been attempted and as a result, a great deal of progress has been accomplished, for example in the field of visualization of turbulent noise. However, most of the numerical methods are not quite ready to be applied practically to noise control issues. In the meantime, fast progress has made it possible instrumentally by using multiple microphones and fast signal processing systems, although these systems are not perfect but are useful. The state of the art system is recently available but still has many problematic issues : for example, how we can implement the visualized noise field. The constructed noise or sound picture always consists of bias and random errors, and consequently it is often difficult to determine the origin of the noise and the spatial shape of noise, as highlighted in the title. The first part of this paper introduces a brief history, which is associated with “sound visualization,” from Leonardo da Vinci's famous drawing on vortex street (Fig. 1) to modern acoustic holography and what has been accomplished by a line or surface array. The second part introduces the difficulties and the recent studies. These include de-Dopplerization and do-reverberation methods. The former is essential for visualizing a moving noise source, such as cars or trains. The latter relates to what produces noise in a room or closed space. Another mar issue associated this sound/noise visualization is whether or not Ivecan distinguish mutual dependence of noise in space : for example, we are asked to answer the question, “Can we see two birds singing or one bird with two beaks?"

Evolution of Aviation Safety Regulations to cope with the concept of data-driven rulemaking - Safety Management System & Fatigue Risk Management System

  • Lee, Gun-Young
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.33 no.2
    • /
    • pp.345-366
    • /
    • 2018
  • Article 37 of the International Convention on Civil Aviation requires that rules should be adopted to keep in compliance with international standards and recommended practices established by ICAO. As SARPs are revised annually, each ICAO Member State needs to reflect the new content in its national aviation Acts in a timely manner. In recent years, data-driven international standards have been developed because of the important roles of aviation safety data and information-based legislation in accident prevention based on human factors. The Safety Management System and crew Fatigue Risk Management Systems were reviewed as examples of the result of data-driven rulemaking. The safety management system was adopted in 2013 with the introduction of Annex 19 and Chapter 5 of the relevant manual describes safety data collection and analysis systems. Through analysis of safety data and information, decision makers can make informed data-driven decisions. The Republic of Korea introduced Safety Management System in accordance with Article 58 of the Aviation Safety Act for all airlines, maintenance companies, and airport corporations. To support the SMS, both mandatory reporting and voluntary safety reporting systems need to be in place. Up until now, the standard of administrative penal dispensation for violations of the safety management system has been very weak. Various regulations have been developed and implemented in the United States and Europe for the proper legislation of the safety management system. In the wake of the crash of the Colgan aircraft, the US Aviation Safety Committee recommended the US Federal Aviation Administration to establish a system that can identify and manage pilot fatigue hazards. In 2010, a notice of proposed rulemaking was issued by the Federal Aviation Administration and in 2011, the final rule was passed. The legislation was applied to help differentiate risk based on flight according to factors such as the pilot's duty starting time, the availability of the auxiliary crew, and the class of the rest facility. Numerous amounts data and information were analyzed during the rulemaking process, and reflected in the resultant regulations. A cost-benefit analysis, based on the data of the previous 10 year period, was conducted before the final legislation was reached and it was concluded that the cost benefits are positive. The Republic of Korea also currently has a clause on aviation safety legislation related to crew fatigue risk, where an airline can choose either to conform to the traditional flight time limitation standard or fatigue risk management system. In the United States, specifically for the purpose of data-driven rulemaking, the Airline Rulemaking Committee was formed, and operates in this capacity. Considering the advantageous results of the ARC in the US, and the D4S in Europe, this is a system that should definitely be introduced in Korea as well. A cost-benefit analysis is necessary, and can serve to strengthen the resulting legislation. In order to improve the effectiveness of data-based legislation, it is necessary to have reinforcement of experts and through them prepare a more detailed checklist of relevant variables.

Evaluation of Perceived Naturalness of Urban Parks Using Hemeroby Index (헤메로비 등급(Hemeroby Index)을 활용한 도시공원의 인지된 자연성 평가)

  • Kim, Do-Eun;Son, Yong-Hoon
    • Journal of the Korean Institute of Landscape Architecture
    • /
    • v.49 no.2
    • /
    • pp.89-100
    • /
    • 2021
  • This study evaluated the degree of interaction between the people and the environment using perceived naturalness measure. The seventh-grade index of Hemeroby was divided into subclasses of land cover according to degrees of human influence. The grade was standardized for each indicator to evaluate the current state of urban parks in Seoul by applying probability density function and weight. User evaluation was conducted on six distinctive parks selected. In the results, three implications were found between spatial evaluation according to the perceived naturalness. First, park users evaluated highly for the spaces such as broad-leaved forest, coniferous forest and mixed forest evaluated highly in the Hemeroby grade index. Park users generally recognized that various types of trees in the area had high naturalness. The density of trees is one of the factors in perceived naturalness. Second, water spaces were highly evaluated for naturalness in the Hemeroby grade index. However, the perceived naturalness of water spaces such as inland wetlands, pond and reservoir evaluated in various ways depending on environmental conditions around the park. Third, perceived naturalness is easily evaluated through vertical landscape elements such as trees rather than horizontal landscapes such as grassland. The perceived naturalness is similar to the naturalness evaluation using land cover. However the study found the perceived naturalness for a specific space was different from the Hemeroby index. Perceived naturalness by the user includes the content that the individual sees, hears, and experiences. Park users are usually structuring naturalness through evaluating the value of urban green spaces based on personal perception. Therefore there is no absolute standard criterion for evaluating the naturalness of urban green spaces. A deeper study is needed that considers user bundles or user groups with conflicting interests on the perceived naturalness in urban parks. These studies will be essential data on the direction of naturalness urban park service should provide.

Feasibility Assessment on the Application of X-ray Computed Tomography on the Characterization of Bentonite under Hydration (벤토나이트 수화반응 특성화를 위한 X선 단층촬영 기술 적용성 평가)

  • Melvin B., Diaz;Gyung Won, Lee;Seohyeon, Yun;Kwang Yeom, Kim;Chang-soo, Lee;Minseop, Kim;Jin-Seop, Kim
    • Tunnel and Underground Space
    • /
    • v.32 no.6
    • /
    • pp.491-501
    • /
    • 2022
  • Bentonite has been proposed as a buffer and backfill material for high-level radioactive waste repository. Under such repository environment conditions, bentonite is subjected to combined thermal, hydrological, mechanical, and chemical processes. This study evaluates the feasibility of applying X-ray CT technology on the characterization of bentonite under hydration conditions using a newly developed testing cell. The cylindrical cell is made of platic material, with a removable cap to place the sample, enabling to apply vertical pressure on the sample and to measure swelling pressure. The hydration test was carried out with a sample made of Gyeonju bentonite, with a dry density of 1.4 g/cm3, and a water content of 20%. The sample had a diameter of 27.5 mm and a height of 34 mm. During the test, water was injected at a constant pressure of 0.207 MPa, and lasted for 7 days. After one day of hydration, bentonite swelled and filled out the space inside the cell. Moreover, CT histograms showed how the hydration process induced an initial increase and later progressive decrease on the density of the sample. Detailed profiles of the mean CT value, CT standard deviation, and CT gradient provided more details on the hydration process of the sample and showed how the bottom and top regions exhibited a decrease on density while the middle region showed an increase, especially during the first two days of hydration. Later, the differences in CT values with respect to the initial state decreased, and were small at the end of testing. The formation and later reduction of cracks was also characterized through CT scanning.

A study on animal SHUNJANG in tombs 39 and 63 in Gyo-dong, Changnyeong (창녕 교동 39·63호분 동물순장 연구)

  • KWON Jooyoung;KIM Bosang
    • Korean Journal of Heritage: History & Science
    • /
    • v.55 no.4
    • /
    • pp.56-70
    • /
    • 2022
  • Tombs No. 39 and No. 63 in Gyo-dong, Changnyeong, are unique in the Changnyeong area in that they do not have additional burials because they are hoenggu-style tombs with an entrance on the north side. This study tried to understand the nature and meaning of the two separate stone walls at the entrance of the tomb along with the burial process of the tomb. These two stone walls mark small tombs built independently within a large tomb, with stone wall No. 39 stone wall No. 3 (No.39-3) and No. 63 stone wall No. 3 (No. 63-3). Both units are located in the middle of the northern wall of the burial body part and share one wall with the burial body part wall stone. All animal fluids inside the stone wall were identified. In particular, it was estimated that at least three dogs were buried as a result of identification of animal fluids No. 63-3. Above all, these animals have their heads facing outward with their backs to the main occupants, and do not overlap in a limited space and are placed side by side. Changnyeong Gyo-dong No. 39-3 and 63-3 were created in the process of building the burial body, and although they are independent relics, they form a subordinate relationship in that they were built along the main burial within one tomb. In addition, it is coercive in that it is placed in an orderly manner according to a certain direction in a state that has not been dismantled after killing an animal. Therefore, It is understood to be the SHUNJANG of dogs. Studies on animal fluids excavated from tombs in the Three Kingdoms period are interpreted as animal stewardship, sacrificial collection, and animal sacrifice depending on their location, and this is known as a series of animal sacrifice rites, namely, animal stewardship and sacrifice. This recognition is based on material objectification of animals, such as food or sacrifices. However, Changnyeong Gyo-dong No. 39-3 and 63-3 are different in that they recognize animals as spiritual beings in the process of funeral rites and are closely related to the ideology that there is life after death. In addition, analysis of the location and directionality of the remains is also required from multiple angles. These two SHUNJANG correspond to the entrance to the tomb, and the location is the most open space at the entrance. The appearance of a dog looking outward, etc., can also be interpreted as the meaning of protecting the tombs and byeoksa. This appearance can be compared with the dog depicted in a mural in a Goguryeo tomb that reflects the ancient world's thought and stone figures excavated from the tomb of King Muryeong of Baekje, and it is also consistent with the meaning of the JINMYOSU protecting the ancient tombs. This suggests that a multifaceted study on animal fluid burial remains is needed in the future.

A study on the field tests and development of quantitative two-dimensional numerical analysis method for evaluation of effects of umbrella arch method (UAM 효과 평가를 위한 현장실험 및 정량적 2차원 수치해석기법 개발에 관한 연구)

  • Kim, Dae-Young;Lee, Hong-Sung;Chun, Byung-Sik;Jung, Jong-Ju
    • Journal of Korean Tunnelling and Underground Space Association
    • /
    • v.11 no.1
    • /
    • pp.57-70
    • /
    • 2009
  • Considerable advance has been made on research on effect of steel pipe Umbrella Arch Method (UAM) and mechanical reinforcement mechanism through numerical analyses and experiments. Due to long analysis time of three-dimensional analysis and its complexity, un-quantitative two-dimensional analysis is dominantly used in the design and application, where equivalent material properties of UAM reinforced area and ground are used, For this reason, development of reasonable, theoretical, quantitative and easy to use design and analysis method is required. In this study, both field UAM tests and laboratory tests were performed in the residual soil to highly weathered rock; field tests to observe the range of reinforcement, and laboratory tests to investigate the change of material properties between prior to and after UAM reinforcement. It has been observed that the increase in material property of neighboring ground is negligible, and that only stiffness of steel pipe and cement column formed inside the steel pipe and the gap between steel pipe and borehole contributes to ground reinforcement. Based on these results and concept of Convergence Confinement Method (CCM), two dimensional axisymmetric analyses have been performed to obtain the longitudinal displacement profile (LDP) corresponding to arching effect of tunnel face, UAM effect and effect of supports. In addition, modified load distribution method in two dimensional plane-strain analysis has been suggested, in which effect of UAM is transformed to internal pressure and modified load distribution ratios are suggested. Comparison between the modified method and conventional method shows that larger displacement occur in the conventional method than that in the modified method although it may be different depending on ground condition, depth and size of tunnel, types of steel pipe and initial stress state. Consequently, it can be concluded that the effect of UAM as a beam in a longitudinal direction is not considered properly in the conventional method.

Consumer Responses to Retailer's Location-based Mobile Shopping Service : Focusing on PAD Emotional State Model and Information Relevance (유통업체의 위치기반 모바일 쇼핑서비스 제공에 대한 소비자 반응 : PAD 감정모델과 정보의 상황관련성을 중심으로)

  • Lee, Hyun-Hwa;Moon, Hee-Kang
    • Journal of Distribution Research
    • /
    • v.17 no.2
    • /
    • pp.63-92
    • /
    • 2012
  • This study investigated consumer intention to use a location-based mobile shopping service (LBMSS) that integrates cognitive and affective responses. Information relevancy was integrated into pleasure-arousal-dominance (PAD) emotional state model in the present study as a conceptual framework. The results of an online survey of 335 mobile phone users in the U.S. indicated the positive effects of arousal and information relevancy on pleasure. In addition, there was a significant relationship between pleasure and intention to use a LBMSS. However, the relationship between dominance and pleasure was not statistically significant. The results of the present study provides insight to retailers and marketers as to what factors they need to consider to implement location-based mobile shopping services to improve their business performance. Extended Abstract : Location aware technology has expanded the marketer's reach by reducing space and time between a consumer's receipt of advertising and purchase, offering real-time information and coupons to consumers in purchasing situations (Dickenger and Kleijnen, 2008; Malhotra and Malhotra, 2009). LBMSS increases the relevancy of SMS marketing by linking advertisements to a user's location (Bamba and Barnes, 2007; Malhotra and Malhotra, 2009). This study investigated consumer intention to use a location-based mobile shopping service (LBMSS) that integrates cognitive and affective response. The purpose of the study was to examine the relationship among information relevancy and affective variables and their effects on intention to use LBMSS. Thus, information relevancy was integrated into pleasure-arousal-dominance (PAD) model and generated the following hypotheses. Hypothesis 1. There will be a positive influence of arousal concerning LBMSS on pleasure in regard to LBMSS. Hypothesis 2. There will be a positive influence of dominance in LBMSS on pleasure in regard to LBMSS. Hypothesis 3. There will be a positive influence of information relevancy on pleasure in regard to LBMSS. Hypothesis 4. There will be a positive influence of pleasure about LBMSS on intention to use LBMSS. E-mail invitations were sent out to a randomly selected sample of three thousand consumers who are older than 18 years old and mobile phone owners, acquired from an independent marketing research company. An online survey technique was employed utilizing Dillman's (2000) online survey method and follow-ups. A total of 335 valid responses were used for the data analysis in the present study. Before the respondents answer any of the questions, they were told to read a document describing LBMSS. The document included definitions and examples of LBMSS provided by various service providers. After that, they were exposed to a scenario describing the participant as taking a saturday shopping trip to a mall and then receiving a short message from the mall. The short message included new product information and coupons for same day use at participating stores. They then completed a questionnaire containing various questions. To assess arousal, dominance, and pleasure, we adapted and modified scales used in the previous studies in the context of location-based mobile shopping service, each of the five items from Mehrabian and Russell (1974). A total of 15 items were measured on a seven-point bipolar scale. To measure information relevancy, four items were borrowed from Mason et al. (1995). Intention to use LBMSS was captured using two items developed by Blackwell, and Miniard (1995) and one items developed by the authors. Data analyses were conducted using SPSS 19.0 and LISREL 8.72. A total of usable 335 data were obtained after deleting the incomplete responses, which results in a response rate of 11.20%. A little over half of the respondents were male (53.9%) and approximately 60% of respondents were married (57.4%). The mean age of the sample was 29.44 years with a range from 19 to 60 years. In terms of the ethnicity there were European Americans (54.5%), Hispanic American (5.3%), African-American (3.6%), and Asian American (2.9%), respectively. The respondents were highly educated; close to 62.5% of participants in the study reported holding a college degree or its equivalent and 14.5% of the participants had graduate degree. The sample represents all income categories: less than $24,999 (10.8%), $25,000-$49,999 (28.34%), $50,000-$74,999 (13.8%), and $75,000 or more (10.23%). The respondents of the study indicated that they were employed in many occupations. Responses came from all 42 states in the U.S. To identify the dimensions of research constructs, Exploratory Factor Analysis (EFA) using a varimax rotation was conducted. As indicated in table 1, these dimensions: arousal, dominance, relevancy, pleasure, and intention to use, suggested by the EFA, explained 82.29% of the total variance with factor loadings ranged from .74 to .89. As a next step, CFA was conducted to validate the dimensions that were identified from the exploratory factor analysis and to further refine the scale. Table 1 exhibits the results of measurement model analysis and revealed a chi-square of 202.13 with degree-of-freedom of 89 (p =.002), GFI of .93, AGFI = .89, CFI of .99, NFI of .98, which indicates of the evidence of a good model fit to the data (Bagozzi and Yi, 1998; Hair et al., 1998). As table 1 shows, reliability was estimated with Cronbach's alpha and composite reliability (CR) for all multi-item scales. All the values met evidence of satisfactory reliability in multi-item measure for alpha (>.91) and CR (>.80). In addition, we tested the convergent validity of the measure using average variance extracted (AVE) by following recommendations from Fornell and Larcker (1981). The AVE values for the model constructs ranged from .74 through .85, which are higher than the threshold suggested by Fornell and Larcker (1981). To examine discriminant validity of the measure, we again followed the recommendations from Fornell and Larcker (1981). The shared variances between constructs were smaller than the AVE of the research constructs and confirm discriminant validity of the measure. The causal model testing was conducted using LISREL 8.72 with a maximum-likelihood estimation method. Table 2 shows the results of the hypotheses testing. The results for the conceptual model revealed good overall fit for the proposed model. Chi-square was 342.00 (df = 92, p =.000), NFI was .97, NNFI was .97, GFI was .89, AGFI was .83, and RMSEA was .08. All paths in the proposed model received significant statistical support except H2. The paths from arousal to pleasure (H1: ${\ss}$=.70; t = 11.44), from information relevancy to intention to use (H3 ${\ss}$ =.12; t = 2.36), from information relevancy to pleasure (H4 ${\ss}$ =.15; t = 2.86), and pleasure to intention to use (H5: ${\ss}$=.54; t = 9.05) were significant. However, the path from dominance to pleasure was not supported. This study investigated consumer intention to use a location-based mobile shopping service (LBMSS) that integrates cognitive and affective responses. Information relevancy was integrated into pleasure-arousal-dominance (PAD) emotional state model as a conceptual framework. The results of the present study support previous studies indicating that emotional responses as well as cognitive responses have a strong impact on accepting new technology. The findings of this study suggest potential marketing strategies to mobile service developers and retailers who are considering the implementation of LBMSS. It would be rewarding to develop location-based mobile services that integrate information relevancy and which cause positive emotional responses.

  • PDF

Study on Acknowledge and State of Clinical Experience for 3-years Dental Technology Department (3년제 치기공과 임상실습에 대한 인식 및 실태조사 - 일부 치과기공소 소장을 중심으로 -)

  • Park, Myung-Ja
    • Journal of Technologic Dentistry
    • /
    • v.17 no.1
    • /
    • pp.41-57
    • /
    • 1995
  • This study was conducted to collect and analyze previous information in order to manage efficience, improve experience effect and promote employment rate. The questionnaire interview with 27 chief of dental Laboratory refered clinical experience in technology department about clinical experience in 14 Jumior colleges were also investigated. The results were summarried as follows : The portion of age of 35-39 among chief of dental Laboratory was 40.7% which was the highest, that of male was 96.3%, that of junior college graduate was 97.5%, that of 10years experience was 92.6% and that of ceramic technician was 85.2%, 63.0% dental laboratory for clinical experience was a bore space of 30pyong. Aspect of dental laboratory management, manufacturing all part of prosthetic restoration was 29.6%, othodontic appliance and ceramic restoration was 7.4%, 3.8%, each. The percentage of 40.7 was having connection with 30-3a dental clinics and referring case per day was 10-19 cases(40.7%), manufacturing time of referred prosthetic restoration was 3-4 days(77.8%), places preparing seminar room for education was 29.6%, above a place of 40pyong was 11.1% 30-34 pyong and 35-39 pyong was 7.4% each. During training of 2 years education course student, 18.5% was rack of thorough occupational career. While 44.4% will want the more salary among 3years education course student, 74.1% will expect the more dental techmicians would engaged in their field, 51.9% will hope improve of their theory and practice, 29.6% be expected better skill and 14.8% be expected better theory. Attitude of clinical experience places was distributed by 59.3% of offering only experience chance, 25.9% of wasting time and 29.0% of annoying. The big emphasis of climical experience was thorough occupational career(44.4%). The clinical experience places of our college were selected after direct visiting, so their condition of management was not that bad but most of dental laboratory were poor in management state and working environment. Therefore it is difficult to choose appropriate places and dental Laboratory are also limited manpower and time as suppliers. So that it recommended to induce flexible management of experience period by interval and rotation of experience places among college and to applicate intern-system for employment ant industry-college cooperation aspect.

  • PDF

A Study on the Timing and Method of the Final Price of Air Ticket in Computerised Booking System (인터넷 항공권 예약시스템에서의 '최종가격' 표시시기와 방법 - 2015년 1월 15일 EU사법재판소 C-573/13 판결을 중심으로 -)

  • Sur, Ji-Min
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.32 no.1
    • /
    • pp.327-353
    • /
    • 2017
  • The issue submitted to the Court of Justice on the merits of case C---573/13 originated from a claim brought in the context of a dispute between Air Berlin and the German Federal Union of Consumer Organisations and Associations. The challenge concerned the way in which air fares were displayed in Air Berlin's computerised booking system. The system was organised in such a way that, after selecting a date and a departure airport, one would find all possible flight connections in a summary table. However, the final price of the ticket was displayed only for the clicked connection, and not for all connections, thus preventing customers from being able to compare such price with the prices of other connections. The German Federal Union took the view that this practice did not meet the requirements laid down by Article 23 of Regulation (EC) No. 1008/2008, which requires transparency in the prices set for air services. This led the German State to bring an injunctive action to cause Air Berlin to discontinue said practice. The claim was upheld at both the application and appeal stage of the relevant proceedings. Subsequently, Air Berlin submitted the matter to the German Federal High Court, which decided to stay the proceedings and ask for a preliminary ruling from the Court of Justice as to 1. whether Article 23 of Regulation (EC) No. 1008/2008 must be interpreted as meaning that, during the computerised booking process, the final price to be paid must be indicated at all times when prices of air services are shown, including when they are shown for the first time; and 2. whether, during the computerised booking process, the final price must be indicated only for the air service specifically selected by the customer or for each air service shown. In a nutshell, the Court, by the here---discussed judgment determined that Article 23 of Regulation (EC) No. 1008/2008 must be interpreted as meaning that, in the context of a computerised air ticket booking system, the final price to be paid must be indicated not only for the air service specifically selected by the customer, but also for each air service in respect of which the fare is shown. Clearly the above judgment will place air companies under an obligation to update and adjust (when needed) their computerised ticket booking and payment systems, in consideration of the primary need for consumers to be aware at all times of the actual price payable for a ticket and be able to compare the price of the service selected with the prices for other air services in respect of which the fare is shown.

  • PDF